20-4 Statute of Limitations
In 2013, Florida's House Bill 87 amended Florida Statute § 95.11, which governs the statute of limitations to pursue a deficiency judgment. The alteration decreased the statute of limitations for claims of a deficiency related to notes secured by a mortgage against a one-family to four-family residential property unit from five years to one year. The 2013 amendment applies to actions or proceedings33 commenced after July 1, 2013. For those actions or proceedings that began prior to July 1, 2013, the statute of limitations remains no later than five years after the action accrued, but in any event, no later than July 1, 2014. As such, § 95.11(5) (h) requires that, moving forward, all deficiency judgment actions or proceedings related to notes secured by residential properties are governed by the one-year statute of limitations. This limitation applies both to separate actions for a deficiency judgment and motions for a deficiency judgment brought within an existing mortgage...
